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The Biggest Mistakes People Make When Filing a Personal Injury Claim

When it comes to filing a personal injury claim, many potential pitfalls could jeopardize your ability to recover fair compensation for your damages. Personal injury claims are civil cases that seek to hold one or more parties legally responsible for causing an accident victim's injuries or damages. To be successful in filing a personal injury claim, it is important to understand the common mistakes that people make when filing and how they can negatively impact the success of their claim. Continue reading for more information.

Not Seeking Medical Attention Immediately

Accidents can result in a wide range of injuries, varying in severity and impact on the individual's life. Some common injuries that occur due to accidents include:

  • Whiplash: A neck injury often caused by rear-end car collisions
  • Fractures and Broken Bones: These can happen in slip and fall accidents, sports-related incidents, or car crashes
  • Soft Tissue Injuries: Including sprains, strains, and bruises, often occur during physical activities or falls
  • Traumatic Brain Injuries (TBI): Include concussions and more severe head trauma, which can be caused by car accidents, falls, or being struck by an object
  • Spinal Cord Injuries: These injuries range from minor herniated discs to paralysis, and are often the result of car accidents or falls
  • Lacerations and Contusions: Include cuts and bruises that can happen in a variety of accident scenarios

It is important to note that some injuries take time to manifest meaning individuals may not notice symptoms for a while after the accident. While latent injuries may occur, getting medical help immediately after an accident can go a long way toward detecting signs and symptoms early on. Timely medical attention and proper care are essential in treating these injuries and minimizing their long-term effects on the individual's health and well-being.

One of the biggest mistakes that people make when filing a personal injury claim is not seeking medical attention immediately after an accident. It is important to get checked out by a doctor as soon as possible, even if you do not think you have been seriously injured. This will provide documentation of any injuries sustained in the accident and will help establish a timeline for your case. Additionally, it is important to follow all of your doctor's orders and attend all scheduled appointments in order to ensure that your injuries are properly treated and documented.

Not Gathering Evidence

Another mistake that people often make when filing a personal injury claim is not documenting everything related to the incident. This includes taking pictures of the scene, gathering contact information from witnesses, and keeping all medical records related to treatment for your injuries. Documentation can be extremely helpful in proving your case and should be done as soon as possible after an accident occurs.

Not Hiring an Experienced Attorney

It is also important to hire an experienced attorney who specializes in personal injury law when filing a personal injury claim. An experienced attorney will know how best to handle your case and will be able to advise you on what steps need to be taken for you to receive compensation for your injuries. They will also be able to negotiate with insurance companies on your behalf to ensure that you receive fair compensation for your losses.

Not Being Prepared for Court

Finally, it is important to be prepared for court, if necessary, when filing a personal injury claim. You should always have all of your documents organized and ready so that you can present them clearly during court proceedings. Additionally, it is important to dress professionally and arrive early so that you are prepared for any questions or challenges that may arise during court proceedings.

A personal injury case may go to court when the parties involved cannot reach a mutually acceptable settlement outside of court, often due to disagreements over liability or the extent of damages. In such instances, the injured party (plaintiff) files a lawsuit against the responsible party (defendant) to seek compensation for their injuries and losses.

The purpose of going to court is for both sides to present their evidence, arguments, and witness testimonies before a judge or jury, who will then determine the outcome of the case. Factors that may influence the decision to take a personal injury case to court include the strength of the evidence, the clarity of the applicable laws, the value of the damages claimed, and the perceived willingness of the other party to negotiate in good faith. Though litigation can be time-consuming and expensive, it sometimes becomes the only viable option for plaintiffs seeking justice and fair compensation for their injuries.


By understanding these common mistakes and taking steps towards avoiding them, individuals can increase their chances of having their personal injury claims successfully resolved in their favor. If you have been injured due to someone else’s negligence, contact our experienced attorney today and our team can help guide you through the process of filing a successful personal injury claim.

The Law Office of Seni Popat, P.C. has helped countless clients get the justice and compensation they deserve after an accident. Contact our office to learn how we can help you.